The Trustee's Power to Avoid Fraudulent Transfers
The Trustee's Power to Avoid Fraudulent Transfers
The Uniform Fraudulent. Transfer Act (UFTA) is the applicable state fraudulent conveyance law of all but about five states. New York is the most important ...
57. Avoidance Powers -- Strong-Arm Clause, Fraudulent Conveyances
a) Description: Trustee may avoid on behalf of the estate (1) any transfer of debtor's interest in property or (2) any obligation incurred by the debtor, that ...
Ninth Circuit authorizes trustees to avoid intentional fraudulent ...
The Ninth Circuit's ruling follows the Fourth and Eighth Circuit Courts in affirming trustees' ability to challenge transfers made with ...
May I See Your Badge(s)? The Bankruptcy Trustee's Power to Avoid ...
Under the Bankruptcy Code, a trustee or debtor in possession has two statutory grounds to avoid a “fraudulent transfer”—Section 548 of the ...
11 U.S. Code § 548 - Fraudulent transfers and obligations
(A). the amount of that contribution does not exceed 15 percent of the gross annual income of the debtor for the year in which the transfer of the contribution ...
FRAUDULENT TRANSFERS UNDER THE BANKRUPTCY CODE AND. APPLICABLE STATE LAW. A. Trustee or Debtor in Possession's Avoiding Powers Generally. 1. Sections 542-553 ...
How Derivative is the Trustee's Power to Avoid Fraudulent ...
Section 544(b) of the Bankruptcy Code, which enables a bankruptcy trustee to avoid transfers that an actual unsecured creditor.
Seventh Circuit: No Avoidance of Preferential or Fraudulent Transfer ...
Two of the most commonly invoked avoidance powers are the ability to avoid preferential and fraudulent transfers made (or obligations incurred) ...
Bankruptcy Avoidance Actions Under Section 544(b)
Bankruptcy Avoidance Actions Under Section 544(b): State Fraudulent Transfer Statutes and More ... Section 544(b) states that trustees “may avoid ...
How Derivative is the Trustee's Power to A" by Alan N. Resnick
Section 544(b) of the Bankruptcy Code, which enables a bankruptcy trustee to avoid transfers that an actual unsecured creditor could have avoided under ...
A Trustee Generally May Not Recover an Actual Fraudulent Transfer ...
(Excerpt) Section 544 of title 11 of the United States Code (the “Bankruptcy Code”) grants a trustee the power to “avoid any transfer of property of the ...
For Sale: Avoidance Actions (Or Are They?) - McDonald Hopkins
The most common avoidance actions include preferential transfers (“preferences”) and fraudulent transfers. Section 547 of the Bankruptcy Code ...
Case Law On Chapter 13 Trustees' Avoidance Powers. A. Chapter 13 Trustees Have The Power To Avoid Transfers Using 544- ... trustee's fraudulent-transfer avoiding ...
What Are Fraudulent Transfer Claims and What Defenses Exist to ...
Section 548 of the Bankruptcy Code governs fraudulent transfers in bankruptcy, providing a trustee with authority to avoid or unwind such ...
May I See Your Badge(s)? The Bankruptcy Trustee's Power To ...
Under the Bankruptcy Code, a trustee or debtor in possession has two statutory grounds to avoid a "fraudulent transfer"—Section 548 of the ...
Chapter 7 - Bankruptcy Basics | United States Courts
The trustee's avoiding powers include the power to: set aside preferential transfers ... fraudulent conveyance and bulk transfer remedies available under ...
Preferences And Fraudulent Transfers In The Context Of a Chapter ...
Therefore, under normal circumstances, the Chapter 13 Trustee must pursue a preference or fraudulent transfer avoidance actions within 2 years ...
A Tale of Fraud and Overzealousness - Weil Restructuring
Under section 550(a)(1) of the Bankruptcy Code, the “initial transferee” of a fraudulent transfer is liable to the debtor's estate when a ...
What Is a Fraudulent Transfer in Bankruptcy? - Nolo
Because of this responsibility, the trustee has the power to unwind fraudulent transfers and recover either the property or its value. ... Keep in mind that ...
Most states permit fraudulent conveyance actions under their enactments of the Uniform Fraudulent Transfers Act (“UFTA”) or its predecessor, the Uniform ...